Dear craig:

Greetings. Deviation is based on each judges’ discretion, so the examples would be - underpayment, voluntary depression of income, or income in excess of the guidelines. The ability to pay is not about what bills each parent has made for themselves, but about the amount of income. A parent’s bills are not generally relevant…since those are selected by the parent. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax


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what are some examples of circumstances where a judge would deviate from cs guidelines ? Also there is the presumption of the parents ability to pay, if one parents ability to pay is minimal vs. the other with not even half of the bills that the other parent has how is that usually looked upon.?